CONTRACT OF EXCLUSIVE AGENT OF WASHING MACHINE 本协议于 在中国青岛由有关双方在平等互利基础上达成,按双方同意的下列条件发展业务关系: This agreement is made and entered into by and between the parties concerned on in Qingdao, China on the ba
本协议于     在中国青岛由有关双方在平等互利基础上达成,按双方同意的下列条件发展业务关系:
This agreement is made and entered into by and between the parties concerned on       in Qingdao, China on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follow:
1. 协议双方 The Parties Concerned
甲方:Party A:  中国某洗衣机制造公司
乙方:Party B:  (新加坡购买方)
2. 委任 Appointment
Party A hereby appoints Party B as its Exclusive Agent to solicit orders for the commodity stipulated in Article 3 from customers in the territory stipulated in Article 4, and Party B accepts and assumes such appointment.
3. 代理商品 Commodity
“金鱼”牌洗衣机。“Golden Fish” Brand Washing Machines
4. 代理区域 Territory
仅限于新加坡 In Singapore only
5. 最低业务量 Minimum turnover
Party B shall undertake to solicit orders for the above commodity from customers in the above territory during the effective period of this agreement for not less than USD 100,000,00.
6. 价格与支付 Price and Payment
The price for each individual transaction shall be fixed through negotiations between Party B and the buyer, and subject to Party A's final confirmation.
Payment shall be made by confirmed, irrevocable L/C opened by the buyer in favor of Party A, which shall reach Party A 15 days before the date of shipment.
7. 独家代理权 Exclusive Right
In consideration of the exclusive rights granted herein, Party A shall not, directly or indirectly, sell or export the commodity stipulated in Article 4 to customers in Singapore through channels other than Party B; Party B shall not sell, distribute or promote the sales of any products competitive with or similar to the above commodity in Singapore and shall not solicit or accept orders for the purpose of selling them outside Singapore. Party A shall refer to Party B any enquiries or orders for the commodity in question received by Party A from other firms in Singapore during the validity of this agreement.
8. 商情报告 Market Report
In order to keep Party A well informed of the prevailing market conditions, Party B should undertake to supply Party A, at least once a quarter or at any time when necessary, with market reports concerning changes of the local regulations in connection with the import and sales of the commodity covered by this agreement, local market tendency and the buyer's comments on quality, packing, price, etc. of the goods supplied by Party A under this agreement. Party B shall also supply party A with quotations and advertising materials on similar products of other suppliers.
9. 广告及费用 Advertising and Expenses
Party A shall bear all expenses for advertising and publicity in connection with the commodity in question in Singapore within the validity of this agreement, and shall submit to Party A all audio and video materials intended for advertising for prior approval.
10. 佣金 Commission
Party A shall pay Party B a commission of 5% on the net invoiced selling price on all orders directly obtained by Party B and accepted by party A. No commission shall be paid until Party A receives the full payment for each order.
11. 政府部门间的交易 Transactions Between Governmental Bodies
Transactions between governmental bodies of Party A and Party B shall not be restricted by the terms and conditions of this agreement, nor shall the amount of such transactions be counted as part of the turnover stipulated in Article 5.
12. 工业产权 Industrial Property Rights
在本协议有效期内,为销售有关洗衣机,乙方可以使用甲方拥有的商标,并承认使用于或包含于洗衣机中的任何专利商标、版权或其他工业产权为甲方独家拥有。 一旦发现侵权,乙方应立即通知甲方并协助甲方采取措施保护甲方权益。
Party B may use the trade-marks owned by Party A for the sale of the Washing Machines covered herein within the validity of this agreement, and shall acknowledge that all patents, trademarks, copy rights or any other industrial property rights used or embodied in the Washing Machines shall remain to be the sole properties of Party A. Should any infringement be found, Party B shall promptly notify and assist Party A to take steps to protect the latter's rights.
13. 协议有效期Validity of Agreement
本协议经有关双方如期签署后生效,有效期为1年,从    至    。除非作出相反通知,本协议期满后将延长12个月。
This agreement, when duly signed by the both parties concerned, shall remain in force for 12 months from     to September      , and it shall be extended for another 12 months upon expiration unless notice in writing is given to the contrary.
14. 协议的终止 Termination
During the validity of this agreement, if either of the two parties is found to have violated the stipulations herein, the other party has the right to terminate this agreement.
15. 不可抗力 Force Majeure
Either party shall not be held responsible for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, draught, war or any other events which could not be predicted, controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence.
16. 仲裁 Arbitration
All disputes arising from the performance of this agreement shall be settled through friendly negotiation. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties.